Guaranteed Minimum Return on Investment. The Holder of this Note shall have received in cash, by a date which shall be not later than one (1) year from the date of this Note (the "Anniverary Date"), a cash amount equal to 120% of the principal amount of this Note (the "Guaranteed Return"). Notwithstanding the foregoing, such Guaranteed Return shall, for all purposes of this Note, the Subscription Agreement, the Pledge Agreement and the Security Agreement given as collateral to secure the Borrower's obligations under this Note, be deemed to have been paid to the Holder if, by such Anniversary Date, the sum of (a) all cash interest payments received under this Note, (b) all payments of principal and/or Premium on this Note paid in connection with any Optional Redemption or Mandatory Redemption, (c) an amount equal to the closing price of the Common Stock on each Conversion Date multiplied by the number of shares of Common Stock received by Holder in connection with each such Conversion Date, or (d) any combination of the foregoing, shall equal or exceed $300,000, inclusive. Notwithstanding the foregoing, the Borrower may comply with the provisions of this Section 4.8 by tendering payment to the Holder, in exchange for any then outstanding principal amount of this Note, of an amount equal to $300,000, less all cash previously received by the Holder or otherwise calculated in accordance with clauses (a), (b) and (c) above. The tender must be made within five business days of the Anniversary Date. If the Holder elects not to accept the tender, then the Lender waives the right to receive the Guaranteed Return. [the balance of this page intentionally left blank]
Guaranteed Minimum Return on Investment. If the Target Company is to be liquidated due to bankruptcy, reorganization, dissolution, merger, split-off, acquisition or any other reasons, after the Target Company has paid up expenses and costs in all kinds, all debts and taxes in accordance with Laws, the Target Company shall first distribute such Remaining Property to the Investors in cash (the “Remaining Property”), and the amount of the Remaining Property which shall be distributed first to the Investors shall be the higher of (the “Allocation Priority Amount”): (1) the amount of Remaining Property to be distributed to the Investors in proportion to their respective paid-in capital contribution to the Target Company; or (2) the sum of the total amount of the investment price paid by the Investors to the Target Company for the purpose of acquiring the equity interest in the Target Company plus an investment income calculated at a compound interest rate of 8.5% per annum on basis of the total amount of the investment price (the “Guaranteed Minimum Investment Return”). If the Remaining Property of the Target Company is not sufficient to be distributed among the Investors according to the Allocation Priority Amount of the Investors, the Target Company shall distribute the Remaining Property among the Investors in proportion to the Investors’ respective Allocation Priority Amounts.
Guaranteed Minimum Return on Investment. If the Target Company is to be liquidated due to bankruptcy, reorganization, dissolution, merger, split-off, acquisition or any other reasons, after the Target Company has paid up expenses and costs in all kinds, all debts and taxes in accordance with Laws, the Target Company shall first distribute such Remaining Property to the Investors in cash (“Remaining Property”), and the amount of the Remaining Property which shall be distributed first to the Investors shall be the higher of (“
Guaranteed Minimum Return on Investment. If the Target Company should be liquidated due to its insolvency, restructuring, dissolution, merger or demerger or due to any other reason, the Investor shall be entitled to receive in cash, prior and in preference to any distribution of any surplus property (the “Surplus Property”) of the Target Company remaining after full payment of all debts of and taxes payable by the Target Company to the other shareholders of the Target Company, an amount equal to the return on the Investment accrued at a simple rate of 8% per annum from and including the Closing Date up to and including the date of liquidation of the Target Company (the “Guaranteed Minimum Return on Investment”) out of the Surplus Property.
